Jothimani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.10508 of 2022 Jothimani ... Petitioner/2nd Accused Vs The State represented by The Inspector of Police, Thiruthangal Police Station, Thiruthangal, Virudhunagar District.

(Crime No.35 of 2022).

... Respondent/Complainant For Petitioner : Mr.S.Selvakumar, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.35 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A.2, who was arrested and remanded to judicial custody on 12.02.2022 for the offences punishable under Section 307 IPC altered into Sections 114, 302 and 498(A) IPC, in Crime No.35 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the deceased Kartheeswari is the second wife of the petitioner and that the first accused, who is the mother of the petitioner, had tortured the deceased and attacked her continuously. On 05.02.2022, in the presence of the petitioner, the first accused was lighting the fire on the said Kartheeswari with kerosene, due to that, the said Kartheeswari died. Hence, the complaint.

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3.Admittedly, the first accused is the mother-in-law and the petitioner/second accused is the husband of the deceased. 4.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

5.The learned Additional Public Prosecutor would submit that investigation is pending.

6.Considering the seriousness and gravity of the offence alleged against the petitioner and also taking note of the Dying Declaration of the deceased, this Court is not inclined to grant bail to the petitioner.

7.In the result, this Criminal Original Petition is dismissed. Sd/- 14/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, THIRUTHANGAL, VIRUTHUNAGAR DISTRICT.

2. THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10508 of 2022 Date :14/06/2022 SP/SVR/SAR III/21/06/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/